The Explanatory Report to this Additional Protocol tells how "...the committee drafting the Convention on Cybercrime discussed the possibility of including other content-related offences, such as the distribution of racist propaganda through computer systems. However, the committee was not in a position to reach consensus on the criminalisation of such conduct. While there was significant support in favour of including this as a criminal offence, some delegations expressed strong concern about including such a provision on freedom of expression grounds. Noting the complexity of the issue, it was decided that the committee would refer to the European Committee on Crime Problems (CDPC) the issue of drawing up an additional Protocol to the Convention.

"The Parliamentary Assembly, in its Opinion 226(2001) concerning the Convention, recommended immediately drawing up a protocol to the Convention under the title 'Broadening the scope of the convention to include new forms of offence', with the purpose of defining and criminalising, inter alia, the dissemination of racist propaganda.

"The Committee of Ministers therefore entrusted the European Committee on Crime Problems (CDPC) and, in particular, its Committee of Experts on the Criminalisation of Acts of a Racist and Xenophobic Nature Committed Through Computer Systems (PC-RX), with the task of preparing a draft additional Protocol, a binding legal instrument open to the signature and ratification of Contracting Parties to the Convention..."

The Explanatory Report indicates:

"The Committee of Ministers .. entrusted the European Committee on Crime Problems (CDPC) and, in particular, its Committee of Experts on the Criminalisation of Acts of a Racist and Xenophobic Nature Committed Through Computer Systems (PC-RX), with the task of preparing a draft additional Protocol, a binding legal instrument open to the signature and ratification of Contracting Parties to the Convention, dealing in particular with the following:

1. the definition and scope of elements for the criminalisation of acts of a racist and xenophobic nature committed through computer networks, including the production, offering, dissemination or other forms of distribution of materials or messages with such content through computer networks;
2. the extent of the application of substantive, procedural and international co-operation provisions in the Convention on Cybercrime to the investigation and prosecution of the offences to be defined under the additional Protocol."